1. Motor accident resulting in death — Claim for compensation under Section 166 of the Motor Vehicles Act, 1988. (Para 2 , 3 )
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2024 Supreme(SC) 189
SUPREME COURT OF INDIA
Surya Kant, K.V. Viswanathan, JJ.
Arvind Kumar Pandey & Ors. - Appellants
Versus
Girish Pandey & Anr. - Respondents
Civil Appeal No.2512 of 2024 (Arising out of SLP(C)No. 20918 of 2022)
Decided On : 16-02-2024
Important Points
IMPORTANT POINT
Death of homemaker in motor accident – Role of a homemaker is as important as that of a family member whose income is tangible as a source of livelihood for family – Contribution of a home-maker is of a high order and invaluable.
Death of homemaker in motor accident – Role of a homemaker is as important as that of a family member whose income is tangible as a source of livelihood for family – Contribution of a home-maker is of a high order and invaluable.
Subject
Civil Law - Motor Vehicle Accident Compensation
Act Referred
Headnote
Motor Vehicles Act, 1988 – Section 166 – Death in motor accident – Compensation of Rs.2,50,000/- awarded by High Court – Impugned order passed by High Court is full of factual as well as legal errors – High Court overlooked fact that deceased was about 50 years old and not 55 years old – Similarly, High Court has committed patent error in observing that appellants are not dependent on deceased – Deceased was a homemaker – Her direct and indirect monthly income, in no circumstances, could be less than wages admissible to a daily wager in State of Uttarakhand under Minimum Wages Act – Role of a homemaker is as important as that of a family member whose income is tangible as a source of livelihood for family – Contribution of a home-maker is of a high order and invaluable – It is difficult to assess such a contribution in monetary terms – Monthly income of deceased, at relevant time, could not be less than Rs.4,000/- p.m. or so – Lump sum compensation of Rs.6,00,000/- awarded. (Paras 6, 7, 8 and 9)
Facts of the case:
Appellant No.1 is husband, and appellant Nos.2 and 3 are daughter and son, respectively of decease lady. She was admittedly around 50 years old on 26.06.2006 when she was travelling with respondents in their car. It seems that vehicle lost control, skidded off and fell into a ditch at about 3.45 p.m., causing the death of Smt. Sushma Pandey.
Findings of Court:
Since respondents have already paid amount of Rs.2,50,000/-to appellants, balance amount of Rs.3,50,000/-shall be paid by them within six weeks, failing which they shall be liable to pay interest as awarded by Tribunal.
Result : Appeal allowed in part.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Omprakash Ajitsingh Parihar, AOR, Mr. Abhijeet Shah, Adv., Mr. Dushyant Tiwari, Adv., Mr. Arvind Kumar, Adv.
For the Respondent: Mr. Ashwarya Sinha, AOR, Mr. Govind Rishi, Adv., Ms. Priyanka Sinha, Adv.
Advocate Appeared:
For the Petitioner: Mr. Omprakash Ajitsingh Parihar, AOR, Mr. Abhijeet Shah, Adv., Mr. Dushyant Tiwari, Adv., Mr. Arvind Kumar, Adv.
For the Respondent: Mr. Ashwarya Sinha, AOR, Mr. Govind Rishi, Adv., Ms. Priyanka Sinha, Adv.
Table of Contents
2. Reliability of income certificates of the deceased. (Para 5 )
3. High Court erred regarding the deceased's age, dependency of children, and vehicle type; homemaker's contribution is invaluable. (Para 6 , 8 )
4. A homemaker's income for compensation purposes should not be less than the minimum wages admissible to a daily wager. (Para 7 , 8 )
5. Appeal partly allowed; lump sum compensation increased, with directions for payment of the balance amount. (Para 9 )
6. How is the income of a homemaker determined for compensation in motor accident claims?
The income of a homemaker cannot be less than the wages admissible to a daily wager in the relevant state under the Minimum Wages Act, recognizing their invaluable contribution to the family. (Para 7 , 8 )
7. Are student children considered dependents of a deceased parent for compensation purposes?
Yes, children who are students at the relevant time of the accident are considered dependent on their parents. (Para 6 )
8. What factual errors can justify the revision of a compensation award by a higher court?
Errors regarding the age of the deceased, the dependency status of the claimants, and the material facts of the accident, such as the type of vehicle involved, can justify a revision. (Para 6 )
ORDER :
1. Leave granted.
2. Appellant No.1 is the husband, and appellant Nos.2 and 3 are the daughter and son, respectively of the deceased Smt.Sushma Pandey. She was admittedly around 50 years old on 26.06.2006 when she was travelling with the respondents in their car. It seems that the vehicle lost control, skidded off and fell into a ditch at about 3.45 p.m., causing the death of Smt. Sushma Pandey.
3. The appellants filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal (for short, `the Tribunal’) seeking compensation of Rs.16,85,000/-. The Tribunal dismissed the said petition stating that the vehicle in question was not insured and, therefore, the claim did not lie. Aggrieved by the said order, the appellants approached the High Court by way of an appeal. The High Court allowed the appeal and remanded the matter to the Tribunal. The Tribunal awarded a sum of Rs.2,50,000/-only to the appellants as compensation. The appellants went in appeal, but the High Court dismissed the same vide impugned order dated 06.04.2017.
4. We have heard learned counsel for the parties and carefully perused the material placed on record.
5. As regard to the monthly income of the deceased, learned counsel for the respondents vehemently contends that none of the certificates are reliable.
6. We are constrained to observe that the impugned order passed by the High Court is full of factual as well as legal errors. The High Court overlooked the fact that the deceased was about 50 years old and not 55 years old. Similarly, the High Court has committed a patent error in observing that the appellants are not dependent on the deceased. Appellant Nos.2 and 3 were students at the relevant time, and were surely dependent on the parents including their deceased mother. The High Court again misread the facts while observing that the deceased was travelling in the bus, while actually she was traveling in the car.
7. Assuming that the deceased was not employed, it cannot be disputed that she was a homemaker. Her direct and indirect monthly income, in no circumstances, could be less than the wages admissible to a daily wager in the State of Uttarakhand under the Minimum Wages Act.
8. It goes without saying that the role of a homemaker is as important as that of a family member whose income is tangible as a source of livelihood for the family. The activities performed by a home-maker, if counted one by one, there will hardly be any doubt that the contribution of a home-maker is of a high order and invaluable. In fact, it is difficult to assess such a contribution in monetary terms.
9. Taking into consideration all the attending circumstances, it appears to us that the monthly income of the deceased, at the relevant time, could not be less than Rs.4,000/- p.m. or so. However, instead of calculating the compensation under different heads, and also keeping in mind the fact that the appellants and the respondents are closely related, and the delinquent vehicle was not insured, we deem it appropriate to allow this appeal in part to the extent that the appellants are granted a lump sum compensation of Rs.6,00,000/-(Rupees six lakhs). Since the respondents have already paid the amount of Rs.2,50,000/-to the appellants, the balance amount of Rs.3,50,000/-shall be paid by them within six weeks, failing which they shall be liable to pay interest as awarded by the Tribunal.
10. As a result, the pending interlocutory applications stand disposed of.
